McClure v. Chen, et al.

Filing 63

ORDER VACATING 47 Motion for Summary Judgment From Court's Calendar signed by Magistrate Judge Gary S. Austin on 3/15/2018. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GEORGE MCCLURE,

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Plaintiff,
v.

1:14-cv-00932-DAD-GSA-PC
ORDER VACATING MOTION FOR
SUMMARY JUDGMENT FROM COURT’S
CALENDAR
(ECF No. 47.)

C. K. CHEN, et al.,
Defendants.

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Plaintiff George McClure (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. This case now

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proceeds with Plaintiff’s First Amended Complaint filed on February 9, 2015, against

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Defendants C. K. Chen (M.D.) and C. Horton (Physician’s Assistant) (“Defendants”) on

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Plaintiff’s medical claim under the Eighth Amendment. (ECF No. 12.)

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On April 18, 2017, Defendants filed a motion for summary judgment. (ECF No. 47.)

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On January 19, 2018, the court entered findings and recommendations to grant the motion, the

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parties were then allowed fourteen days in which to file objections to the findings and

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recommendations. (ECF No. 58.)

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On February 2, 2018, Plaintiff filed a motion for extension of time in which to file

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objections. (ECF No. 59.) On February 8, 2018, the court granted Plaintiff a thirty-day

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extension of time. (ECF No. 60.) On March 12, 2018, Plaintiff filed a second motion for
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extension of time in which to file objections. (ECF No. 61.) On March 14, 2018, the court

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granted Plaintiff another thirty-day extension of time. (ECF No. 62.)

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In light of 28 U.S.C. § 476(a)(1), the Civil Justice Reform Act, the motion for summary

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judgment is HEREBY DEEMED VACATED from the court’s calendar until such time as

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Plaintiff files his objections and Defendants are allowed ten days in which to respond to the

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objections.

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IT IS SO ORDERED.
Dated:

March 15, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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